David John Shoesmith

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Respondent, a solicitor, was found to have failed or delayed in filing Accountants Reports for years ending 30 June 2006, 2007 and 2008 despite continuing to hold over £40,000 in client money (later transferred by RBS), and to have failed to comply with an Adjudicator's request of 27 April 2009. Both allegations were proved. Given this was his third appearance before the Tribunal for similar regulatory failures, he was suspended indefinitely, with the suspension only liftable once outstanding reports were filed and the Adjudicator's request complied with. He was ordered to pay costs of £3,750, not to be enforced without leave of the Tribunal given his poor finances. No finding of dishonesty was made.

Duties found breached:

• No improper communication with the court
• Accounting records, reconciliation and reports

Aggravating factors:

• Third appearance before the Tribunal
• Previous appearances also related to failure to deliver Accountants Reports and failure to comply with an Adjudicator's decision
• Showed little respect for his regulatory Authority and little regard for regulatory obligations
• Prevented the Authority from carrying out its proper regulatory function and ensuring clients were not at risk

Mitigating factors:

• No longer working in the legal profession but intended to rejoin
• In practice since 1992 with only one minor prior client complaint
• Administrative problems resulting from pressure of working as a sole practitioner
• Poor financial situation, wife expecting a baby, previously declared bankrupt